Interim injunction against dissolution of Parliament to stand until SC verdict

Interim injunction against dissolution of Parliament to stand until SC verdict

Written by Staff Writer

07 Dec, 2018 | 7:29 pm

Written by Staff Writer
07 Dec, 2018 | 7:29 pm

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Colombo (News 1st) – The Fundamental Rights Petition filed challenging the Gazette issued by the President dissolving Parliament which was taken up in court for a 4th day today. The court has noted that Interim injunction order issued against the dissolution of Parliament will stand until a verdict is reached by the Supreme Court.

President’s Counsel K. Kanageswaran representing the TNA stated during his submissions to court that any citizen or even a foreign national has the right to file a fundamental rights petition against any executive or administrative actions of the President. The PC pointed out that under article 126 any official act of the president can be challenged adding that the jurisdiction of the Supreme Court cannot be deprived or ousted except by express words. He also noted that an aggrieved party’s remedies cannot be limited as this would infringe the sovereignty of the people.

Attorney at law Chrishmal Warnasuriya stated that the President’s decision to dissolve parliament is constitutional adding that there is no disparity or conflicting provisions in the constitution even pursuant to the 19th amendment to the constitution. He further stated that it is important to retain the checks and balances over each organ of the state, adding that when there is a constitutional deadlock, referring the matter to the people will not violate the principles of separation of power.

Attorney at law Thilak Marapana said that the constitution must be taken in its entity and it must be harmoniously interpreted.